Under both the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), employers are legally obligated to provide a reasonable accommodation to qualified individuals with disabilities. Before there can be any determination as to what a “reasonable accommodation” entails, there is something referred to as the “interactive process,” which must be engaged in for employers… Continue Reading..
A recent lawsuit against Starbucks demonstrates a very important point about disability civil rights: most of the time it is just common sense. Yes, there are technical requirements for physical access under the Americans with Disabilities Act. There is, in fact, an actual building code for accessible design. But the ADA’s building code is different than any other on… Continue Reading..
ADA Requires Miniature Golf Courses Meet Accessibility Standards. Although the ADA has always required miniature golf courses undertake modest renovations to improve access, the ADA was recently supplemented by express provisions for miniature golf course. Do you know of any accessible miniature golf courses? Please let me know. I don’t know of any. Miniature golf courses should be a perfect… Continue Reading..
Does Your County Fair Meet ADA Accessibility Regulations? It is County Fair season again. Typically, this is a good time for all. Fun rides, decadent food, cute animals raised by local kids, special events, concerts and an eclectic variety of vendors. Unfortunately, County Fairs can be an accessibility nightmare for persons with disabilities. On one level, this is odd. Because… Continue Reading..
Original Post in La Jolla Light – October 22, 2015 – Article by Ashley Mackin After years of accessing La Jolla’s Children’s Pool beach by sliding down a steep ramp — or being carried by friends or helpers — paraplegic swimmer Jack Robertson sued the City of San Diego in June 2013 with the hopes of getting an ADA-compliant access… Continue Reading..
(Original Article – Law360) By Jeff Zalesin Law360, New York (September 1, 2015, 3:26 PM ET) — The company behind the Corner Bakery Cafe franchise violated the Americans with Disabilities Act by installing the transaction counters in a restaurant too high for a wheelchair user to access, even though it also provided customers a lower surface, a California federal judge… Continue Reading..
On June 29, 2015, the Supreme Court denied the City of Lomita’s petition for certiorari in the Potter Handy, LLP case, City of Lomita, California v. Robin Fortyune, No. 14-920, leaving undisturbed the 9th Circuit’s September 5, 2014 decision holding that Title II of the Americans with Disabilities Act (“ADA”) requires local governments to provide accessible on-street parking in the… Continue Reading..